Legals for March, 10 2024
NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law. • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as: All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at http://montanaimpactfeeclassaction.com CLASS COUNSEL CONTACT INFORMATION Email info@montanaimpactfeeclassaction.com Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at http://montanaimpactfeeclassaction.com. Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30093 REQUEST FOR PROPOSALS (RFPs) for Gateway Sign Final Design, Fabrication, and Installation The City of Kalispell is soliciting proposals for services and/or materials for gateway sign final design, fabrication, and installation to provide such services and or materials for the City of Kalispell. The anticipated scope of work includes finalizing the design of a gateway entrance or “Welcome to Kalispell” sign to be mounted on the pedestrian bridge spanning US Hwy 2 East, on the east side of the structure. Proposals must be received by the City Clerk at 201 First Avenue East, Kalispell, Montana, (PO Box 1997, Kalispell, MT 59903) by 3 pm local time, March 20, 2024. A pre-submittal conference will be held March 6, 2024, at 3 pm, at City Hall. Further information and instructions to submitters and any addendums can be found on the city website at: https://www.kalispell.com/bids.aspx. Publish Dates: February 14, 2024, and March 10, 2024 Feb. 14 and March 10, 2024 MNAXLP __________________________
NO. 30111 NOTICE OF TRUSTEE’S SALE OF REAL PROPERTY AND PUBLIC SALE OF PERSONAL PROPERTY NOTICE IS HEREBY GIVEN by MICHAEL J. KLEPPERICH, of the public sale of the real property hereinafter described pursuant to the “Small Tract Financing Act of Montana” (Section 71-1-301, et seq., MCA), together with the public sale of the personal property hereinafter described pursuant to Section 30-9A-613 of the Montana Uniform Commercial Code. The following information is provided: THE NAME OF THE GRANTOR(S), ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST AND THE SECURED PARTY, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER: Grantor (Deed of Trust): HEATHER BRIANNA SULLIVAN, an unmarried person (“Sullivan”) Grantor (Consumer Loan Note, Security Agreement and Disclosure Statement): HEATHER BRIANNA SULLIVAN Original Trustee: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Successor Trustee: MICHAEL J. KLEPPERICH, an attorney licensed to practice law in the State of Montana (the “Trustee”) Beneficiary: 21ST MORTGAGE CORPORATION (the “Bank”) Secured Party: 21ST MORTGAGE CORPORATION Present Record Owner of Real Property: HEATHER BRIANNA SULLIVAN Present Record Owner of Personal Property: HEATHER BRIANNA SULLIVAN THE DESCRIPTION OF THE REAL PROPERTY SECURED BY THE DEED OF TRUST IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: TRACT 4 OF CERTIFICATE OF SURVEY NO. 22271, LOCATED IN THE SOUTH 1/2 SECTION 4, TOWNSHIP 29 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. The Real Property may be more commonly known as 128 Back Forty Vw., Columbia Falls, MT 59912, or 2281 Highway 206, Columbia Falls, MT 59912. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder’s Office in Flathead County, Montana. Deed of Trust dated February 17, 2023, and recorded February 24, 2023, as Instrument No. 2023-000-02786, Official Records of Flathead County, Montana; Substitution of Trustee dated December 11, 2023, and recorded December 13, 2023, under Document No. 202300022041, records of Flathead County, Montana. PERSONAL PROPERTY SUBJECT TO SALE: The personal property that will be sold at the sale is more particularly described as follows (the “Personal Property Collateral”): A 2023 Fleetwood Manufactured Home, Serial No. FLE230ID22-37788AB (the “Manufactured Home”), and all accessions, attachments, accessories, replacements and additions to the Manufactured Home, whether added now or later. THE DEFAULT FOR WHICH THE SALE IS MADE IS: Nonpayment of all principal, interest, and fees due under a certain Consumer Loan Note, Security Agreement and Disclosure Statement dated February 17, 2023, which is secured by the Deed of Trust and the Personal Property Collateral. Sullivan failed to make full payment due on June 3, 2023, and each payment due thereafter. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AND THE PERSONAL PROPERTY COLLATERAL AS OF FEBRUARY 9, 2024, ARE: Principal: $289,402.83 Interest: Interest continues to accrue at a rate of 10.200% per annum. As of February 9, 2024, the interest balance is $22,614.43. Fees: $946.15. The Bank anticipates and intends to disburse such amounts as may be required to preserve and protect the real property and the Personal Property Collateral, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by Purcell or successor in interest to Purcell. If such amounts are paid by the Bank, the amounts or taxes will be added to the obligation secured by the Deed of Trust and the Personal Property Collateral. Other expenses to be charged against the proceeds of the sale include the Trustee’s and attorney’s fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BANK, HEREBY ELECTS TO SELL THE REAL PROPERTY AND PERSONAL PROPERTY COLLATERAL TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: June 13, 2024 Time: 11:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place:Crowley Fleck PLLP office, 219 E. Center St., Kalispell, MT 59901. Terms: This sale is a public sale and any person, including the Bank, and excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made to the high bidder by Trustee’s Deed and UCC Transfer Certificate. The Personal Property Collateral will be sold together with the real property. Accounting: Sullivan is entitled to an accounting of the unpaid indebtedness secured by the Deed of Trust and Personal Property Collateral. Grantor may request an accounting, at no charge, by contacting Michael J. Klepperich, P.O. Box 2529, Billings, MT 59103-2529, telephone no. (406) 252-3441. Dated this 12th day of February, 2024. /s/ Michael Klepperich MICHAEL J. KLEPPERICH Trustee STATE OF MONTANA : ss. County of Yellowstone This instrument was acknowledged before me on this 12th day of February, 2024, by MICHAEL J. KLEPPERICH, as Trustee. /s/ Sharon Skaggs Printed Name Sharon Skaggs Notary Public for the State of Montana Residing at Billings, Montana My Commission expires: 2-7-26 [NOTARY SEAL] File No. 091560-000073 Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30112 DOCUMENT 001113 - ADVERTISEMENT FOR BIDS 1.1 PROJECT INFORMATION A. Notice to Bidders: Qualified Bidders to submit bids for Project as described in this Document and in accordance with the Instructions to Bidders. B. Project Identification: Lake County Annex Office 1. Project Location: 106 4th Ave East, Polson MT 59860 C. Owner: Lake County, Polson MT 59860. 1. Owner’s Representative: Bill Barron – Lake County Commissioner 406-883-7278 bbaron@lakemt.gov D. Architect: A&E Design, Emma Survis 406-451-7310 esurvis@ae.design E. Construction Manager: Swank Enterprises, Jason Dwight 406-752-5411 jasond@swankenterprises.com F. Project Description: Project consists of a new three story office building for the Lake County Commissioners offices. Project will be a wood and steel framed building with interior and exterior finishes as described on the project documents. Site work and utility connections to City of Polson systems. The project is located in Polson Montana and is currently forecasted to be a 14 to 16 month duration. 1.2 BID SUBMITTAL AND OPENING A. Bid Submittal, Printed: Swank Enterprises will receive sealed Lump Sum bids until the Bid time and date at the location indicated below. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: 3pm, MST. 3. Location: Swank Enterprises, 750 West Reserve Drive Kalispell MT 59901 B. Bid Submittal, Electronic: Swank Enterprises will receive electronically submitted bids until the Bid time and date via web-based bidding management software. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: Not later than 3pm, MST. 3. Web-Based Bidding Management Software: Procore 1.3 BIDDING DOCUMENTS A. Bidding Documents, Electronic: Online access will be provided through Procore and the Plans Exchange 1.4 PREBID MEETING A. Prebid Meeting, In Person: A prebid meeting for all Bidders is tentatively scheduled for February 29, 2024 in Polson Montana for both the Lake County Annex and Jail Yard Projects. Final time and location to be determined if interest in having a prebid meeting is received from interested parties. 1.5 TIME OF COMPLETION A. By submitting a Bid, Bidder represents that Bidder will begin the Work on receipt of the Notice to Proceed and will complete the Work within the Contract Time indicated in the Bidding Documents. 1.6 LIQUIDATED DAMAGES A. Work is subject to liquidated damages. 1.7 BIDDER’S QUALIFICATIONS A. Licenses: Bidders must be properly licensed under the laws governing their respective trades. B. Insurance and Bonds: A Performance Bond, separate Labor and Material Payment Bond, and insurance in a form acceptable to Owner will be required of the successful Bidder. C. Contractor’s Qualification Statement: A completed AIA Document A305, “Contractor’s Qualification Statement,” with all exhibits will be requested from one or more Bidders following receipt of Bids. 1.8 NOTIFICATION A. This Advertisement for Bids document is issued by Jason Dwight, Project Manager, Swank Enterprises. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30113 DOCUMENT 001113 - ADVERTISEMENT FOR BIDS 1.1 PROJECT INFORMATION A. Notice to Bidders: Qualified Bidders to submit bids for Project as described in this Document and in accordance with the Instructions to Bidders. B. Project Identification: Lake County Detention Yard 1. Project Location: 106 4th Ave East, Polson MT 59860 C. Owner: Lake County, Polson MT 59860. 1. Owner’s Representative: Bill Barron – Lake County Commissioner 406-883-7278 bbaron@lakemt.gov D. Architect: A&E Design, Emma Survis 406-451-7310 esurvis@ae.design E. Construction Manager: Swank Enterprises, Jason Dwight 406-752-5411 jasond@swankenterprises.com F. Project Description: Project consists of a new exercise yard for the Lake County Department of Corrections. Building Consists of: Site demo and earthwork modification to the existing area. New concrete foundations and exterior walls. Existing HVAC and electrical system relocations and installations. This project is located at the Lake County Courthouse in Polson Montana and is currently forecasted to be a 8 to 10 month duration. 1.2 BID SUBMITTAL AND OPENING A. Bid Submittal, Printed: Swank Enterprises will receive sealed Lump Sum bids until the Bid time and date at the location indicated below. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: 3pm, MST. 3. Location: Swank Enterprises, 750 West Reserve Drive Kalispell MT 59901 B. Bid Submittal, Electronic: Swank Enterprises will receive electronically submitted bids until the Bid time and date via web-based bidding management software. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: Not later than 3pm, MST. 3. Web-Based Bidding Management Software: Procore 1.3 BIDDING DOCUMENTS A. Bidding Documents, Electronic: Online access will be provided through Procore and the Plans Exchange 1.4 PREBID MEETING A. Prebid Meeting, In Person: A prebid meeting for all Bidders is tentatively scheduled for February 29, 2024 in Polson Montana for both the Lake County Annex and Jail Yard Projects. Final time and location to be determined if interest in having a prebid meeting is received from interested parties. 1.5 TIME OF COMPLETION A. By submitting a Bid, Bidder represents that Bidder will begin the Work on receipt of the Notice to Proceed and will complete the Work within the Contract Time indicated in the Bidding Documents. 1.6 LIQUIDATED DAMAGES A. Work is subject to liquidated damages. 1.7 BIDDER’S QUALIFICATIONS A. Licenses: Bidders must be properly licensed under the laws governing their respective trades. B. Insurance and Bonds: A Performance Bond, separate Labor and Material Payment Bond, and insurance in a form acceptable to Owner will be required of the successful Bidder. C. Contractor’s Qualification Statement: A completed AIA Document A305, “Contractor’s Qualification Statement,” with all exhibits will be requested from one or more Bidders following receipt of Bids. 1.8 NOTIFICATION A. This Advertisement for Bids document is issued by Jason Dwight, Project Manager, Swank Enterprises. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30115 THOMAS J. HOOVER Attorney at Law P.O. BOX 997 Kalispell. Montana 59903 Telephone (406) 755-6099 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF THE ESTATE OF SARAH MARIE McCONNELL a/k/a SARAH M. McCONNELL Deceased, PROBATE NO. DP-24-42 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims must either be mailed to Thomas Hoover, P.O. Box 997, Kalispell, MT 59903, return receipt requested or filed with the Clerk of the above-entitled Court. Dated this 20th day of November, 2023. /s/ ROBERT W. McCONNELL ROBERT W. McCONNELL PR Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30116 THOMAS J. HOOVER Attorney at Law P.O. BOX 997 Kalispell. Montana 59903 Telephone (406) 755-6099 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF THE ESTATE OF MONICA R. EISENZIMER Deceased, PROBATE NO. DP-24-43 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of the notice or said claims will be forever barred. Claims must either be mailed to Thomas Hoover, P.O. Box 997, Kalispell, MT 59903, return receipt requested or filed with the Clerk of the above-entitled Court. Dated this 20th day of November, 2023. /s/ Ashley Applegate Ashley Applegate P.R. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30128 FLATHEAD COUNTY SOLID WASTE DISTRICT REQUEST FOR PROPOSALS/QUALIFICATIONS Groundwater Monitoring At the Flathead County Landfill Due Date and Time: 1:00 p.m., March 15, 2024 The Flathead County Solid Waste District (District) is required by Federal and State regulatory agencies to conduct groundwater monitoring programs at the Flathead County Landfill. The program requires routine groundwater monitoring and reporting, completion of non-routine services such as installation of new wells and equipment replacement/repair, and the completion of special projects as needed by the District. Because of the magnitude of this work, the District is soliciting proposals/qualifications from qualified consultants to provide the necessary services to assist the District in meeting groundwater monitoring requirements. This RFP/Q includes the following attachments: Attachment A is (1) Part I – Background and Scope of Work; and (2) Part II – Instructions for Submitting Proposals and How Proposals will Be Evaluated. Attachment B includes the Standard Terms and Conditions that will become a part of any contract that may result from this RFP/Q. This is a competitively negotiated procurement. The District intends to award a contract to the consultant that it determines to be the most advantageous and in its best interest. The District, however, does not have to award a contract if it finds that no proposal meets the requirements described in the RFP/Q. The District may also cancel all or part of this RFP/Q, if the District determines that it is in its best interest to do so. The District may negotiate with one or more consultants if they are determined to be qualified to be considered for contract award. The District may also decide to award a contract without negotiations to a single consultant. No cost is to be submitted with the consultant’s proposal. The cost will be negotiated upon selection of a consultant. The District is not required in any event to pay for any costs incurred by the consultant in preparing a proposal in response to this RFP/Q whether or not the consultant is awarded a contract. Interested consultants are invited to submit proposals of not more than 15 pages in length dealing with the criteria listed in Attachment A, Part II, Paragraph 9. The proposals will be evaluated according to the factors listed in Attachment A, Part II, Paragraph 10. One (1) original and three (3) copies of your Proposal must be submitted to FCSWD, 4098 Hwy 93N, Kalispell, MT 59901 no later than 1:00 p.m., March 15, 2024. Late proposals will be returned unopened. AUTHORIZED BY: /S/ David Prunty, Public Works February 28, 2024 March 3, 10, 2024 MNAXLP __________________________
NO. 30129 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP 136 1st Ave. W. Kalispell, MT 59901 (406) 755-6919 cmhash@hashlaw.com MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY In The Matter of The Estate of: Drew William Hubatsek, Deceased. Cause No. DP-24-13 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Scott A. Smiley, Personal Representative, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED February 23, 2024 /s/ Scott A. Smiley Personal Representative Hash, O’Brien, Biby & Murray, PLLP By /s/ C. Mark Hash Attorneys for Personal Representative March 3, 10, 17, 2024 MNAXLP __________________________
NO. 30130 CITY OF WHITEFISH Whitefish, Montana KARROW AVENUE ROADWAY RECONSTRUCTION PROJECT GENERAL NOTICE The City of Whitefish (Owner) is requesting Bids for the construction of the following Project: Karrow Avenue Roadway Reconstruction Project RPA# 23208.000 Bids for the construction of the Project will be received via an online electronic bid service through QuestCDN, until Thursday, March 21, 2024, at 9:00 AM local time. At that time, the Bids received will be publicly opened and read aloud at the City of Whitefish, Council Chambers Conference Room, 418 East 2nd Street, Whitefish, Montana 59937. The Project includes the following Work: The project consists of reconstructing Karrow Avenue from W 7th Street to US Highway 93 in Whitefish, MT. The project will generally include roadway reconstruction, a bicycle/pedestrian path, utility improvements, decorative street lighting, and drainage improvements. The total length of the project is approximately 1950 lineal feet. Bids are requested for the following Contract: Karrow Avenue Roadway Reconstruction Project The Project has an expected duration of 150 days. OBTAINING THE BIDDING DOCUMENTS For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Complete digital project bidding documents are available to download at www.questcdn.com, (eBidDoc #8919758) for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $42.00 to submit a bid electronically. Contact QuestCDN Customer Support at (952) 233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. The contract documents, consisting of half size Drawings and Project Specifications, may be examined, or obtained at the office of Robert Peccia and Associates, 102 Cooperative Way, Suite 300, Kalispell, MT 59901, (406) 752-5025 for a non-refundable fee of $250 per set. In addition, the Drawings and Project Specifications may also be examined at all plan room centers available through MontanaBid.com. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including addenda, if any, obtained from sources other than from QuestCDN. PRE-BID CONFERENCE A pre-bid conference for the Project will be held on Wednesday, March 13, 2024, at 1:00 PM at Whitefish City Hall Council Chambers Conference Room, 418 2nd Street, Whitefish, MT 59937. Attendance at the pre-bid conference is encouraged but not required. INSTRUCTIONS TO BIDDERS For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. Each Bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. This Advertisement is issued by: Owner: The City of Whitefish By: /s/ Michelle Howke Michelle Howke Title: Whitefish City Clerk March 3, 10, 2024 MNAXLP __________________________
NO. 30131 GRANT S. SNELL JASMINE J. MORTON CROWLEY FLECK PLLP 219 East Center Street P.O. Box 759 Kalispell, MT 59903-0759 Telephone: (406) 752-6644 Facsimile: (406) 752-5108 Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of Kenneth Niel Svendsen, Deceased. Probate No.: DP-15-2024-0000048-II District Judge: Dan Wilson NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Cheryl Ann Stahlberg has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date this Notice is first published, or their claims will be forever barred. Claims must either be mailed to the estate, return receipt requested, at P.O. Box 759, Kalispell, MT 59903, or filed with the Clerk of this Court. Dated February 13, 2024. /s/ Cheryl Ann Stahlberg Cheryl Ann Stahlberg, Personal Representative of the Estate of Kenneth Niel Svendsen March 3, 10, 17, 2024 MNAXLP __________________________
NO. 30132 Todd A. Hammer Marcel A. Quinn HAMMER, QUINN & SHAW PLLC 100 Financial Drive, Suite 100 P.O. Box 7310 Kalispell, MT 59904-0310 Telephone: (406) 755-2225 toddhammer@attorneysmontana.com marcelquinn@attorneysmontana.com Attorneys for Gordon Best and Kim LaVine-Best MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE MATTER OF THE ESTATE OF KAYLYNN JESSE REY BEST, Deceased. Cause No.: DP-23-322 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives of the above-named Decedent. All persons having claims against the said Decedent are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed via certified mail, return receipt requested, to: Gordon Best and Kim La-Vine Best, Co-Personal Representatives, c/o Hammer, Quinn & Shaw PLLC, P.O. Box 7310, Kalispell, MT 59904-0310 or, filed with the Clerk of the above entitled Court. DATED this 27th day of February, 2024. /s/ Gordon Best Gordon Best Co-Personal Representative /s/ Kim LaVine-Best Kim LaVine-Best Co-Personal Representative March 3, 10, 17, 2024 MNAXLP __________________________ __________________________
NO. 30133 Todd A. Hammer Marcel A. Quinn HAMMER, QUINN & SHAW PLLC 100 Financial Drive, Suite 100 P.O. Box 7310 Kalispell, MT 59904-0310 Telephone: (406) 755-2225 toddhammer@attorneysmontana.com marcelquinn@attorneysmontana.com Attorneys for Gordon Best and Kim LaVine-Best MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE MATTER OF THE ESTATE OF JENAE LARIESE BEST, Deceased. Cause No.: DP-23-323 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives of the above-named Decedent. All persons having claims against the said Decedent are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed via certified mail, return receipt requested, to: Gordon Best and Kim La-Vine Best, Co-Personal Representatives, c/o Hammer, Quinn & Shaw PLLC, P.O. Box 7310, Kalispell, MT 59904-0310 or, filed with the Clerk of the above entitled Court. DATED this 27th day of February, 2024. /s/ Gordon Best Gordon Best Co-Personal Representative /s/ Kim LaVine-Best Kim LaVine-Best Co-Personal Representative March 3, 10, 17, 2024 MNAXLP __________________________
NO. 30147 NOTICE OF PUBLIC HEARING A proposal to enact a Land Use Public Participation Plan to provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant thereto, as required by the Montana Land Use Planning Act, will be presented at a Public Hearing, Monday, March 18, 2024, in the Council Chambers of City Hall, 201 1st Avenue East, Kalispell, Montana, at 7:00 P.M. The City of Kalispell is required to comply with Section 76-25-106, M.C.A., of the Montana Land Use Planning Act to ensure sufficient public input for the land use planning and updates to both the subdivision and zoning regulations. A draft Land Use Public Participation Plan has been prepared for the purpose of identifying how the city will provide the dissemination of draft documents; the opportunity for written and verbal comments; public meetings after effective notice; electronic communication and access; and analysis of, and response to, public comments. Any person wishing to address the proposed Land Use Public Participation Plan may appear at this hearing and make oral statements or present same in writing. The proposed Plan can be viewed on the City’s website at www.kalispell.com/679/Council-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to publiccomment@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Dated this 4th day of March 2024. Aimee Brunckhorst, City Clerk March 10, 17, 2024 MNAXLP __________________________
NO. 30148 CALL FOR BIDS City of Columbia Falls, Montana WWTP Improvements General Notice City of Columbia Falls (Owner) is requesting Bids for the construction of the following Project: Wastewater Treatment Plant (WWTP) Improvements Project HDR Project Number 10330911 Bids for the construction of the Project will be received at the City of Columbia Falls City Hall located at 130 6th St W, Columbia Falls, MT 59912 until Tuesday, April 9, 2024 at 2:00 PM local time. Received bids will be publicly opened and read aloud on Tuesday, April 9, 2024 at 2:00 PM local time. Original copies must be submitted; no faxed or electronic bids will be accepted. The Project includes the following Work: 1. Expansion of the existing bioreactor from a 3-stage A2O process to a 5-stage Bardenpho process. Work includes the addition of a post-anoxic zone, a post-aerobic zone, and associated equipment. 2. Furnishing a supplemental carbon unit. 3. Mixed liquor recycle (MLR) piping improvements. 4. Provide new redundant high speed aeration blower. 5. Provide new redundant sludge thickening equipment which includes construction of a new building with thickening room, chemical room, and electrical room. Work also includes a new equipment platform, HVAC systems, replacement of existing WAS pumps and installation of new VFDs, and associated structural, mechanical, electrical and instrumentation necessary to create a complete and workable system. 6. Pretreatment Building improvements including expansion of existing building, installation of new redundant mechanical fine screen with screenings washer/compactor, HVAC improvements, and other miscellaneous electrical, controls, building, piping and valve improvements. 7. Provide new sewage receiving station. Bids are requested for the following Contract: City of Columbia Falls, WWTP Improvements Project Obtaining the Bidding Documents The Issuing Office for the Bidding Documents is: HDR 700 SW Higgins Ave., Suite 200 Missoula, MT 59803 Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday through Friday between the hours of 8:00 AM and 4:30 PM local time and may obtain copies of the Bidding Documents from the Issuing Office as described below. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda, if any, obtained from sources other than the Issuing Office. Paper copies of the Bidding Documents may be obtained from the Issuing Office by paying a deposit of $150.00 for each set. Bidders who return full sets of the Bidding Documents in good condition within 10 days after receipt of Bids will receive a full refund. Non-Bidders and Bidders who obtain more than one set of the Bidding Documents, will receive a refund of $75.00 for documents returned in good condition within the time limit indicated above. Make deposit checks for Bidding Documents payable to “HDR Engineering, Inc.” and mailed to Devie Bessette, 700 SW Higgins Avenue, Suite 200, Missoula, MT 59803. Bidding Documents may be purchased from the Issuing Office during the hours indicated above. Cost does not include shipping charges. Upon Issuing Office’s receipt of payment, paper Bidding Documents will be sent via the prospective Bidder’s delivery service or electronic documents shared via an online cloud storage system. The shipping charge amount will depend on the shipping method chosen. Bidding Documents are available for purchase in the following formats: Format Cost Bidding Documents (including half-size Drawings) $150.00 Electronic download of Bidding Documents via hyperlink to cloud storage $0 Project Funding The “Columbia Falls WWTP Improvements” project is funded with American Rescue Plan Act (ARPA) funds. Bidder must meet all requirements of the appropriate Federal/State agencies, as indicated in the specifications. Pre-bid Conference A mandatory pre-bid conference for the Project will be held on Tuesday, March 26, 2024 at 10:30 AM at Columbia Falls WWTP located at 600 Veteran Drive, Columbia Falls, MT 59912. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference. Instructions to Bidders For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. CONTRACTOR and any of the CONTRACTOR’s subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the DLI, PO Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTOR is required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by CONTRACTOR or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of City of Columbia Falls and the State of Montana. By entering a Bid the CONTRACTOR agrees that all hiring by CONTRACTOR of persons doing work on this project shall be on the basis of merit and qualifications. The CONTRACTOR will have a policy to provide equal employment opportunity in accordance with all applicable State and Federal anti-discrimination laws, regulations, and contracts. The CONTRACTOR will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status, or sex distinction. The CONTRACTOR shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. CONTRACTOR represents it is, and for the term of this project will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Each Bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or a Bid Bond payable to City of Columbia Falls, in an amount not less than ten percent (10%) of the total amount of the Bid. Successful BIDDER(s) shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the Contract amount. Insurance, as required, shall be provided by the successful BIDDER(s) and certificates of that insurance shall be provided. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. City of Columbia Falls reserves the right to reject any or all proposals received, to waive informalities to postpone the award of the Contract for a period of sixty (60) days, and to accept the lowest responsive and responsible Bid which is in the best interest of City of Columbia Falls. March 10, 17, 31, 2024 MNAXLP __________________________
NO. 30149 CITY OF COLUMBIA FALLS INVITATION TO BID SCUM PUMP AND CONTROLS REPLACEMENT PROJECT The City of Columbia Falls, Montana will receive sealed bids for the WWTP Scum Pump and Controls Replacement Project. The project consists of furnishing materials, labor and equipment required for the replacement and installation of a new Scum Pump and Controls in the Secondary Clarifier building at the City’s Wastewater Treatment Plant. Bid documents may be obtained at City Hall, 130 6th Street West, Columbia Falls, MT 59912 or on the City’s website, www.cityofcolumbiafalls.org. Any bidder wishing further information should contact the City of Columbia Public Works Director, Chris Hanley, phone (406) 892-4430. Bids will be received by the City Clerk, 130 6th Street West, Columbia Falls MT. 59912 until 2:00 P.M. on Tuesday, March 26, 2024 at 2:00 PM at which time all bids will be publicly opened and read aloud in the City Council Chambers, 130 6th Street West, Columbia Falls. MT 59912. Proposals shall be addressed to the City Clerk, 130 6th Street West, Columbia Falls, MT 59912 and entitled BID FOR WWTP SCUM PUMP AND CONTROLS REPLACEMENT PROJECT. Each bid must be accompanied by bid security in the amount of 10% of the bid. The security must consist of cash, a cashier’s check, a certified check, a bank money order, a certificate of deposit, a money market certificate, or a bank draft. The security must be: (i) drawn and issued by a federally chartered or state-chartered bank or savings and loan association that is insured by or for which insurance is administered by the federal deposit insurance corporation;(ii) drawn and issued by a credit union insured by the national credit union share insurance fund; or (iii) a bid bond or bonds executed by a surety company authorized to do business in the state of Montana. The bid security must be signed by an individual authorized to submit the security by the corporation or other business entity on whose behalf the security is submitted. The City will accept the lowest responsible bid, but the City Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. /s/Barb Staaland Barb Staaland City Clerk March 10, 17, 2024 MNAXLP __________________________
NO. 30151 Legal Notice Partial Bond Release and Comprehensive Five-Year Bond Review for M&W Milling and Refining Inc. (Hard Rock Mining Operating Permit No. 00152) The Department of Environmental Quality (DEQ) has received a request for bond release from M&W Milling and Refining Inc. (M&W). M&W is authorized to operate a custom metals mill. M&W’s facility is on private property in Section 27, Township 6 South, Range 3 West, approximately 1 mile southwest of Virginia City, MT in Madison County. DEQ currently holds a reclamation bond in the amount of $205,989. DEQ is proposing to release $53,260 and retain $262,745 after both releasing bond for completed reclamation work and increasing the bond as a result of a comprehensive bond review. The bond release was requested by M&W for reclamation work done including recontouring, laying soil and revegetating three areas previously disturbed on the site. DEQ has determined that 2.8 acres are currently eligible for bond release. Additionally, M&W has submitted a revision to the Operating Permit to modify the approved reclamation plan, in which two laydown areas would remain post-mining for general industrial property use. The laydown areas are 0.5 acres in total size. These changes would result in a reduced required bond of $152,729. In addition to the requests for bond release, DEQ is conducting a comprehensive bond review for Operating Permit No. 00152. DEQ has determined that the current bonding level does not represent the present costs of compliance with the Metal Mine Reclamation Act, administrative rules adopted thereunder, and the operating permit. DEQ is proposing a bond increase of $110,016 (from $152,729 to $262,745). The bond increase is largely due to changes in fuel price and equipment rates, and updated indirect costs such as mobilization, contingency, and administration. DEQ has determined the net effect on the bond from the release requests ($53,260) and increase from the five-year comprehensive review ($110,016) is a bond increase of $56,756. The procedure for adjusting bonds as a result of a comprehensive bond review is set forth in Section 82-4-338(3), MCA. The company and the public will have until April 9, 2024, to comment on the proposed bond increase. DEQ will issue a final bond determination after the comment period has expired. The company, or any person with an interest that may be adversely affected by DEQ’s final bond determination, may obtain a contested case hearing before the Board of Environmental Review. A written request for a hearing must be filed with DEQ within 30 days of the issuance of the final bond determination, stating the reason for the request. Requests for copies of the bond calculation associated with the comprehensive bond review, and any related questions should be directed to Millie Olsen, Acting Supervisor, Hard Rock Mining Section, Mining Bureau, Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, by telephone at (406) 444-5245 or by e-mail at DEQHardRock@mt.gov. March 10, 2024 MNAXLP __________________________
NO. 30154 PUBLIC NOTICE Notice of Application for Air Quality Permit (Pursuant to Rule 208, Section 5 of Flathead County Air Pollution Control Program, OPEN BURNING Kalispell Montana Log Homes Inc. has filed or will file on or about 3/1/2023 an application for a conditional air quality open burning permit from the Environmental Health Services Division, Flathead City-County Health Department. Applicant seeks approval to open burn Wood Slabs at TNNET FC, Sec. 32, T28N, R21W. Any member of the public with questions or who wishes to receive notice of the Department’s determination, and the location where a copy of the application and the Department’s analysis of it can be reviewed, or to submit comments on the application, must contact the Flathead City-County Health Department, Environmental Health Services Division at 1035 1st Ave. West, Kalispell, MT 59901, telephone (406) 751-8130. Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application. The Department’s decision to approve or deny an application for Conditional Open Burning Permit may be reviewed by the Board of Health according to the following procedure: When the Division approves or denies the application for Conditional Open Burning Permit under this section, a person who is affected by the Department’s decision may request a hearing before the Board, within 3 days after the Department renders its final decision. The Department’s decision on the application is not final unless 3 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing may postpone the effective date of the Department’s decision. March 10, 2024 MNAXLP __________________________